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GIDLEY v. W.R. GRACE & CO.

No. 85-414.

717 P.2d 21 (1986)

Louise N. GIDLEY, individually and as Personal Representative of the Estate of James I. Gidley, Deceased, Plaintiff and Appellant, v. W.R. GRACE & COMPANY, a Connecticut corporation, Grace W.R. & Company-Construction Products Division, an unincorporated association, and JOHN Does I Through V., Defendants and Respondents.

Supreme Court of Montana.

Decided April 15, 1986.

Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips, I. James Heckathorn (argued), Kalispell, for plaintiff and appellant.

Garlington, Lohn & Robinson, Gary L. Graham (argued), Missoula, for defendants and respondents.

WEBER, Justice.

Louise Gidley (wife), personal representative of deceased husband who allegedly died from asbestosis-related cancer, sought judgment against W.R. Grace & Company (Grace) under theories of wrongful death and misrepresentation. Upon motion by Grace, the Lincoln County District Court granted partial summary judgment dismissing the wrongful death action on the ground that the Montana Occupational Disease Act...

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